We will use ‘reasonable endeavours’ to deliver or arrange the provision that is in a child or young person's EHCP.
When deciding what provision will be arranged we, alongside health commissioners, will consider the following:
- local circumstances, (for example, workforce capacity and skills, temporary closures of education settings and guidance on measures to reduce the spread of coronavirus).
- the needs of, and specific circumstances affecting the child/young adult.
- the views of the child/young adult and their parents over what provision might be appropriate.
- what, what, where, when, how and by who the provision will be made.
Examples of using 'reasonable endeavours':
- A temporary placement in another school - mainstream or special, with the agreement of the parent or young person.
- Checking in with families on a regular basis.
- Providing a laptop to support a pupil’s learning.
- Sharing resources and sensory activities that can be carried out at home.
- Home learning reading programme, provided by SENCo, reviewed weekly.
Further examples can be viewed online here.
The law now requires that local authorities, health care professionals, education settings and others, act 'as soon as reasonably practicable' to complete actions in the statutory EHC process. This means that if it isn't possible for a professional to complete an action within the usual statutory timescale due to the Coronavirus pandemic, they must instead complete it as soon as they are able to do so.
The flexibility in the timescales now covers these processes:
- handling of requests for EHC needs assessments
- decisions whether to issue an EHCP
- the preparation and issue of EHCPs
- annual reviews of EHCPs
- the mediation processes
- the process for a local authority reviewing for the first time the making and use of direct payments from a Personal Budget that is part of an EHCP.
- the timing of actions that the local authority and health commissioning body must take when the First-tier Tribunal makes non-binding recommendations about health and social care matters within an EHCP.